Georgia Marital Settlement (Divorce) Agreement and Legal Separation

Today in Georgia, there is a set of legal documents regulating the husband and wife’s relationship. Despite the common interests, goals, and values, sometimes a married couple enters into a marital agreement to avoid misunderstandings and lawsuits. It happens for several reasons, the main of which is the calm divorce process. The marriage contract is a concept that appeared in the lexicon of our society relatively recently and still has not found its stable place in life. However, it has its advantages and disadvantages, features of conclusion, and termination.

A marital agreement is a legal document that regulates the relationship between spouses and determines their choice regarding their joint and separate property. It establishes their rights and obligations after marriage and guarantees transparency in the division of property after a divorce. In general, this is a guarantee of the preservation of your property and a quiet divorce process.

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The settlement and conclusion of this agreement begin after lengthy negotiations and supplying reports on their finances. Do not hide any information about your income, expenses, and even debts. It does not lead to anything positive. By disclosing information about your current finances, you establish fair conditions for alimony payments.

A free marital settlement agreement template also includes information about the process of dividing property, transport, household items, and everything that you possess. The agreement must be open, honest, and drawn up by mutual consent of both parties. No one has the right to force you to conclude it, threaten, or exert pressure. After negotiating the contract, the parties officially sign it, and a notary public agent appends the state seal. It is usually accompanied by the signature and seal of the legal entity. Your settlement agreement is ready for execution.

Remember the penalties for violating the agreement. Unfortunately, in Georgia, ignoring the terms of the contract leads to fines and other enforcement measures. But don’t worry, the document contains information about such situations. Another point to note about the marriage agreement is the poor relationship between the spouses. If your break-up links with misunderstandings, quarrels, and ultimatums, use the help of the intermediaries. They act as a third party to help resolve the divorce process peacefully. In general, thanks to the intermediary, most situations on the division of property end in success.

Regardless of the US state, the marital settlement agreement includes several irreplaceable elements. Georgia is no exception to the rule. The main contents of such covenants are as follows:

  • Introduction. This section consists of the date of the marriage and the first and last names of each spouse. Ensure you specify if you have a child. It will allow you to settle the divorce process following local laws.
  • Obligations, rights, and finances. In this section, the spouses provide information about their current financial situation, income, and debts. Further, the conditions governing the relationship on the property are determined. This section also contains the following requirements for a married couple. Firstly, they must have lived together for at least six months before applying. If the couple plans to divorce, they must file a lawsuit in the state of residence.
  • Support. An important point is the financial support information of one spouse to another. In this case, also fill in the conditions of assistance and details about insurance payments.

At the end of the agreement, specify the signatures and dates. If you have a child, add the conditions for their upbringing. You can also include a list of assets. After a divorce, you can get married at any time of the year and on any day, depending on your preferences. To get the correct Georgia Marital Settlement Agreement template, use our form-building software. It will help you download any template in an instant.

Georgia Divorce and Separation Laws

Any marital agreement is subject to local law. In Georgia, the Official Statute regulates divorce proceedings and the division of property. You can also find all the necessary information in Section 19, Chapter 5 of the State Code. Please make sure you read the given information carefully.

Grounds for Divorce

There are several grounds for divorce in the state of Georgia. First, if one of the spouses is cheating, drinking, or violent, the other party has a right to file for divorce. Secondly, additional lawful grounds for divorce are incurable mental illnesses, impotence in the first years of family life, and any unsolvable differences. For more information, see section (Section 19-5-3).

Alimony and Child Support

If the spouses have shared children, the marital settlement agreement must contain the conditions of alimony. The amount depends on the spouses’ standard of living, age, emotions, and financial capabilities.  If necessary, read the law governing this topic.

Popular Local Marital Settlement Agreement Forms

A marital settlement agreement, often known as a mediated separation agreement, is a convenient instrument that might help you negotiate the divorce proceeding and prevent major stress. Listed below are the states the people of which search for this template the most.

Division of Property

In Georgia, either spouse can use the equitable distribution law. The state legal norms ensure a fair division of property. According to this law, the common property will not be divided equally, but in a way the court considers fair.

Temporary Support

Until the court has officially issued an opinion on the divorce, one of the spouses can apply for additional support in their interests and purposes. In general, the divorce process takes 40-60 days.

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Filing for Divorce in Georgia

Family life is never easy. People swear, then makeup, and this is a natural process. Therefore, we recommend discussing current problems and misunderstandings instead of divorce after the first quarrel. However, if your relationship cannot be salvaged in any way, divorce peacefully and calmly.

One of the spouses has the right to request a divorce for the specified reasons. Apply to the superior court of the district where you have lived permanently for at least six months. Use the information about the required list of documents and instructions for divorce. The site also has self-help centers for conducting peaceful and fair divorce proceedings. Each state allocates courts to implement divorce, taking into account its specifics. For example, there are courts for divorces with and without children.

1. The Beginning of the Divorce Process

The beginning of the divorce is a protracted process. Fill out the application for dissolution of marriage with minor children or without children. In the presence of a notary public agent, specify the signature and date. The notary certifies the legal document and puts the official seal. Next, fill out the information form for filing a case on internal relations and the Automatic Internal Regulations.

2. Provide Financial Information

In any marital settlement agreement, regardless of the terms and conditions of the date, discuss information about your financial assets, expenses, and income. You separately record this information in the financial affidavits for family cases. You need to sign it in the presence of a notary.

3. Compile Worksheet for Child Support

An intricate issue in a divorce case is alimony. To determine the spouse’s payment obligations, read the step-by-step instructions and fill out the Alimony Worksheet. Next, independently specify the conditions, requirements, and charge for alimony payments in a Parenting Plan and a Child Support Addendum. It is better to resolve these problems than clarify the relationship and alimony payments directly in court.

4. Set Up a Marriage Contract

The presence of children is determined by the version of the prenuptial agreement you sign. If you do not have children together, then sign one type of agreement. If they are, then the other one is accordingly different. The plaintiff prepares two copies of the divorce document and submits them to a higher court. In any case, the plaintiff is charged a fee of $220. However, you can request confirmation of the documents without paying the state fee. In this situation, only submit a notarized Poverty Affidavit.

5. Statement on the Defendant

Your spouse should be notified of the impending divorce. It is a mandatory requirement of the local court. After applying the respondent, provide the relevant document on the provision of services. There are several submission methods. The first is personal service, where the plaintiff gives the application for divorce. The defendant signs it in the presence of a notary, and then the document is transferred to the court.

If a third-party service is involved, the plaintiff receives an Entry of Service and two copies of the court clerk’s summons. They are attached to the necessary documents of the divorce process. The respective service then hands the papers to the defendant for fee payment. Each of the spouses signs a consent to the trial and submits it to the court.

6. Obtain the Required response

Sometimes, in a divorce case, the defendant must file a Counterclaim in court, indicating consent or disagreement. In general, they should do so 30 days from the date of filing for divorce. The notary officially certifies the answer, and the plaintiff receives a copy by mail.

7. Await the Court Order

The case now rests with the judge. They review the exhaustive documents and make the final decision on the divorce. In some cases, the plaintiff and the defendant are present at the trial, providing additional materials. The parties can also be offered mediation or negotiations on the division of property and divorce. Everything is individual and depends on the specific case. You have the opportunity to apply to the court and the appropriate authorities to restore your former name. All changes are officially made to the documents.

Published: Apr 1, 2022